BILL NUMBER: SB 1386	CHAPTERED  07/21/00

	CHAPTER   165
	FILED WITH SECRETARY OF STATE   JULY 21, 2000
	APPROVED BY GOVERNOR   JULY 21, 2000
	PASSED THE SENATE   JULY 6, 2000
	PASSED THE ASSEMBLY   JUNE 29, 2000
	AMENDED IN ASSEMBLY   JUNE 20, 2000
	AMENDED IN SENATE   APRIL 11, 2000

INTRODUCED BY   Senator Alpert
   (Coauthors:  Assembly Members Dickerson and Washington)

                        JANUARY 24, 2000

   An act to add Section 1463.13 to the Penal Code, relating to
alcohol and drug assessment programs.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1386, Alpert.  Alcohol and drug assessment programs.
   Existing law requires a county to establish an alcohol and drug
problem assessment program for persons convicted of driving under the
influence (DUI) and requires courts to levy an assessment of not
more than $100 upon every fine, forfeiture, or penalty imposed and
collected for a DUI violation in which a judicial district
participates in a county alcohol and drug assessment program.
   This bill would authorize counties to develop, implement, operate,
and administer an alcohol and drug problem assessment program for
persons convicted of a crime in which the court finds that alcohol or
substance abuse was substantially involved in the commission of the
crime, unless the person was convicted of driving under the influence
or a related offense.  The bill would authorize courts to apply the
above provisions to this program with a maximum assessment of $150
upon every fine, penalty, or forfeiture imposed and collected by the
courts for persons convicted as described in these provisions, to be
levied in a county upon the adoption of a resolution by the board of
supervisors of the county making that county subject to these
provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1463.13 is added to the Penal Code, to read:
   1463.13.  (a) Each county may develop, implement, operate, and
administer an alcohol and drug problem assessment program for persons
convicted of a crime in which the court finds that alcohol or
substance abuse was substantially involved in the commission of the
crime.  This program may be operated in coordination with the program
developed under Article 6 (commencing with Section 23645) of Chapter
4 of Division 11.5 of the Vehicle Code.
   (1) A portion of any program established pursuant to this section
shall include a face-to-face interview with each program participant.

   (2) No person convicted of driving under the influence of alcohol
or a controlled substance or a related offense shall participate in
any program established pursuant to this section.
   (b) An alcohol and drug problem assessment report shall be made on
each person who participates in the program.  The report may be used
to determine the appropriate sentence for the person.  The report
shall be submitted to the court within 14 days of the completion of
the assessment.
   (c) In any county in which the county operates an alcohol and drug
problem assessment program under this section, a court may order any
person convicted of a crime that involved the use of drugs or
alcohol, including any person who is found to have been under the
influence of drugs or alcohol during the commission of the crime, to
participate in the assessment program.
   (d) Notwithstanding any other provision of law, in addition to any
other fine or penalty assessment, there shall be levied an
assessment of not more than one hundred fifty dollars ($150) upon
every fine, penalty, or forfeiture imposed and collected by the
courts for a public offense wherein the court orders the offender to
participate in a county alcohol and drug problem assessment program.
The assessment shall only be levied in a county upon the adoption of
a resolution by the board of supervisors of the county making that
county subject to this section.
   (e) The court shall determine if the defendant has the ability to
pay the assessment.  If the court determines that the defendant has
the ability to pay the assessment then the court may set the amount
to be reimbursed and order the defendant to pay that sum to the
county in the manner which the court determines is reasonable and
compatible with the defendant's financial ability.  In making a
determination of whether a defendant has the ability to pay, the
court shall take into account the amount of any fine imposed upon the
defendant and any amount the defendant has been ordered to pay in
victim restitution.
   (f) Notwithstanding Section 1463 or 1464 of the Penal Code or any
other provision of law, all moneys collected pursuant to this section
shall be deposited in a special account in the county treasury and
shall be used exclusively to pay for the costs of developing,
implementing, operating, maintaining, and evaluating alcohol and drug
problem assessment and monitoring programs.
   (g) On January 15 of each year, the treasurer of each county that
administers an alcohol and drug problem assessment and monitoring
program shall determine those moneys in the special account which
were not expended during the preceding fiscal year, and shall
transfer those moneys to the general fund of the county.
